KAMAL NAYAN Vs. STATE OF U P AND OTHERS
LAWS(ALL)-2016-5-375
HIGH COURT OF ALLAHABAD
Decided on May 26,2016

KAMAL NAYAN Appellant
VERSUS
State Of U P And Others Respondents

JUDGEMENT

- (1.) This criminal revision has been preferred by the complainant Kamal Nayan against acquittal of opposite party nos. 2 to 7 challenging the judgment dated 26.11.1982 passed by learned III Additional Sessions Judge, Gonda, in Sessions Trial No.308 of 1980, Police Station Khargoopur, District Gonda whereby all the aforementioned appellants were acquitted of the charges under Sections 323/149, 147, 324/149 IPC.
(2.) Scope of revision against the judgment of acquittal is very limited. Learned trial court by the impugned judgment has found that in the cross case the accused persons were aggressors and accordingly in this case has held that opposite parties were not aggressors and has acquitted them.
(3.) Law is settled on the point that judgment of acquittal can be reversed only when the view taken by the learned trial court was not probable or was based on material which is not available on record or the finding is perse illegal.;


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